- (1.) In view of the urgency stated by counsel, I have granted leave to move the WP dated December 7, 2011 under art.226 as an unlisted motion. It is, however, to be noted that in response to notice the respondents have entered appearance. The petitioner is seeking the following principal relief: "a) A writ of or in the nature of Mandamus do issue commanding the respondent authorities to enforce the order of status quo dated 5 th May,2010 passed by the Learned 5 th Civil Judge( Junior Division) in Title Suit No.1300 of 2010 and to ensure that the petitioner is in a position to use the common passage for his ingress and egress into the premises No.1216, M.G.Road P.S.- Haridevpur, Kolkata- 700082;"
(2.) The order of the Civil Court dated May 5,2010 referred to in prayer (a) is at p.44, and the relevant parts of the order are quoted below: "On perusal of record, I found that the plaintiff has a prima facie case and the purpose of suit be defeated by delay if order of injunction is not passed. Hence, the parties are directed to maintain status quo in respect of suit property inregard to possession and nature and character of suit property till 04.06.2010."
(3.) Case of the petitioner is that since in violation of the interim order of the Civil Court the defendants in the suit started erecting constructions and threatened him with dire consequences, he requested the officer in charge of the police station concerned to take steps for stopping erection of the constructions, but that the police did not take any step.;